Indiana Supreme Court denies abortion-related rehearing, certifies June decision

INDIANA — The Indiana Supreme Court denied the request for a rehearing of the abortion ban preliminary injunction on Monday.

This decision will certify the court’s June decision that Indiana’s near-total abortion ban signed in August 2022 did not violate the state’s constitution.

Monday’s decision, which was decided in a 4-1 vote, will certify the overturning of the abortion ban preliminary injunction that blocked the ban. Justice Mark Massa, Justice Geoffrey Slaughter, and Justice Derek Molter concurred with the decision, while Chief Justice Loretta Rush also concurred with the decision with a separate opinion.

Justice Christopher Goff was the only justice to dissent from the decision.

The Indiana Supreme Court ruled in late June that the ban did not violate the state constitution and overturned a preliminary injunction that blocked the ban. In response to this ruling, the ACLU of Indiana asked the court for a rehearing of the decision under their belief that the right to abortion is included under Article 1, Section 1 of the Indiana Constitution, which continued the block of the ban.

According to Kathryn Dolan Indiana Supreme Court Chief Public Information Officer, “Today, the Court handed down its decision denying rehearing (it is an order with two separate opinions). The Appellate Clerk will certify the June 30 decision. Once the certification is entered on the Chronological Case Summary (CCS) on Mycase it will take immediate effect. Generally, certification can take days before appearing on the docket.”